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Assembly committee releases bill to make COVID-era outdoor dining expansions permanent for restaurants and licensed alcohol vendors

Committee on Oversight, Reform and Federal Regulations · October 17, 2024
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Summary

The Assembly Committee on Oversight approved A4866 as amended to let restaurants and certain alcoholic beverage licensees expand operations onto contiguous or nearby outdoor spaces, with requirements for control of property and safeguards for lawful sale and service.

The Assembly Committee on Oversight voted to release A4866, a bill that would allow restaurants and certain alcoholic beverage retailers and manufacturers to conduct business within designated outdoor spaces, including public sidewalks and pedestrian malls, the committee learned Thursday.

The measure, read into the record by the clerk, contains committee amendments that permit expanded premises to be contiguous to a business or in a noncontiguous but reasonably proximate location; require that a license holder demonstrate possessory interest and control over expanded property; and require safeguards to ensure alcoholic beverages are sold and served in accordance with law.

An unnamed committee sponsor described the measure as a permanent adoption of pandemic-era flexibility that began in March 2020 and said outdoor service benefits customers, downtown business districts and the broader community. "This is a win all around," the sponsor said.

Stakeholders listed as supporting the bill with no need to testify included Michael Egenton of the New Jersey Chamber of Commerce; Hillary Chabra of the South Jersey Chamber of Commerce; Amanda Stone of the New Jersey Restaurant and Hospitality Association; Eric Orlando of the Brewery Guide of New Jersey; Alex Deli of the New Jersey Tourism Industry Association; Jess Jeff Walsh of the New Jersey Wine and Spirit Wholesalers Association; Diane Wise of the New Jersey Licensed Beverage Association; and Ruth DePino.

Committee members who spoke in favor highlighted municipal flexibility and the potential to promote local commerce. Chairmen and members emphasized that the amended language clarifies municipal authority over hours, insurance and other operational safeguards.

The committee moved and seconded a motion to release A4866 as amended. On roll call the committee voted: Assemblyman Meyer — yes; Assemblyman Enganimore — yes; Assemblyman Miller — yes; Assemblywoman McCance D'Amato — yes; Vice Chair Fryman — yes; Chairman Atkins — yes. The chair announced the bill was released as amended.

The measure now proceeds in the legislative process as released by the committee; the committee did not take testimony on the amendments during the hearing.